Peltin
People v. Peltin
Opinion
Lead Opinion
McLAUGHLIN, J.
The defendant was convicted of grand larceny, and appeals from the judgment and from the order denying his motion for a new trial.
The first contention of appellant is that the information is indefinite and uncertain, because the property stolen is described as being “about eighty dollars lawful money of the United States of America.” This contention cannot be sustained. The word “about” is frequently used as a synonym for the word “nearly” or “approximately,” and such use is sanctioned by definitions found in the various standard dictionaries. Understood in this sense, it cannot be said that the information in the case at bar fails to charge the larceny of more than fifty dollars, or that there is any material uncertainty as to the value of the property stolen. The use of qualifying words is not commended, for the value of the property taken should be clearly and definitely stated in an information for grand larceny. But when a person of common understanding would readily know what is intended, and no substantial right of a defendant is infringed, the information must be upheld. (Pen. Code, sees. 957, 959, 960.) We are not informed as to the grounds upon which the demurrer is…